K RAMESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 30-01-2004 passed in S.C.No.99 of 2003 on the file of the Principal Assistant Sessions Judge, R.R. District, whereby and where under the learned Assistant Sessions Judge found the accused-Kanjarla Ramesh guilty for the offence under Sec.376(2)(f) IPC and convicted him accordingly and sentenced him to suffer RI for 10 years and pay a fine of Rs.100/-, in default, to suffer SI for one week.

(2.) The prosecution case in brief is: Accused-Kanjarla Ramesh and the victim belong to Tirumalapuram village. P.W.1 N.Kamsamma, who is the mother of the victim, lost her husband about three years prior to the occurrence. She had three daughters and the victim was the eldest among them. The accused was staying at Hyderabad by virtue of his employment and whereas his wife and children were staying at the village. He used to come to the village once in a week. He requested P.W.1 to send the victim as servant maid assuring that he would pay Rs.1200/- per month besides providing food and shelter to the victim. Accordingly, P.W.1 sent the victim with the accused to Hyderabad. The accused brought the victim to the Hyderabad on 11-11-2002(Monday). He put the victim under threat and had sexual intercourse with her from Monday to Saturday, i.e., from 11-11-2002 to 16-11- 2002. On 16-11-2002, the accused brought the victim back to the village and handed over to her mother P.W.1. P.W.1 enquired the victim and came to know of the accused committed sexual assault on her. A panchayat was held in the village. P.W.3 is one of the elders in the panchayat. He questioned the accused and thereupon the accused admitted of committing of sexual assault on the victim. P.W.3 suggested P.W.1 and P.W.2 to go to the police station and report the matter. P.W.1 presented Ex.P1 report before the Station House Officer, Balanagar P.S. P.W.9 A. Narayana-Inspector of Police, Balanagar Police Station received Ex.P1 report and registered Cr.No.360 of 2002 under Sec.376(2)(f) IPC and issued Ex.P8 First Information Report. He examined P.Ws.1,2,3 and 6 and recorded their statements under Sec.161 Cr.P.C. He seized blood stained clothes of the victim in the presence of P.W.4 under the cover of Ex.P2 report. M.Os.1 and 2 are the wearing apparels of the victim girl. He sent the victim to Gandhi Hospital for medical examination. He visited the scene and prepared Ex.P3 scene of offence Panchanama and effected seizure of M.Os.3 and 4 bed sheets. While observing the scene in the presence of P.W.5, he also prepared rough sketch of the scene, which has been exhibited as Ex.P9. P.W.8 Dr.P.Parvathi examined the victim girl and collected vaginal smears for being sent to Forensic Science Laboratory, Hyderabad. After receipt of FSL report, she opined that the victim was subjected to sexual assault. Ex.P5 is the preliminary examination report. Ex.P6 is the final opinion and Ex.P7 is the FSL report. P.W.9 effected arrest of the accused on 22-11-2002 at 11.00 a.m. on being produced before him by the ID party. He sent the accused to Gandhi Hospital for medical examination. P.W.7 Dr.K.Rajagopala Reddy examined the accused and issued Ex.P4 certificate opining that the accused is capable of performing sexual act.

(3.) After completing the investigation, a charge sheet came to be submitted before the Judicial First Class Magistrate, Hyderabad West and South. The learned Magistrate took the charge sheet on file as PRC and committed the case to the sessions division as the offence under Section 376(2)(f) is exclusively triable by a Court of sessions. The learned Sessions Judge, R.R. District took the case on file as S.C.99 of 2003 and made over the same to the Principal Assistant Sessions Judge, R.R. District for disposal according to law.